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My wife’s company applied green card for her under EB3 category with priority date Nov 2009. Her I-140 was approved. My son's name and my name were not included in her I-140 petition.
Is it possible to include my son's name in my wife’s I-140 petition under child protection act? Will he be benefited with her present I-140 petition?
In order for your son to get a Green Card based on your wife's I-140, he must file an I-485 for adjustment of status before he turns 21 years of age. But, he will not be eligible to file an I-485 until your wife's priority date is current.